Government Response Brief 12/12/11

[doober]

Originally Posted by Justthefacts

Given their history in this case, I shouldn't be surprised by the Government's thoroughness, but Brian/John/Leslie, you freakin' rock!

http://www.latimes.com/news/nation/nationnow/la-na-nn-jeffrey-macdonald-fatal-vision-20120919,0,36538.story

http://www.macdonaldcasefacts.com

To coin a phrase from Roseanne Roseannadanna,

"This Britt guy sounds like a real attractive guy."

In reading this, I couldn't help wonder about the time factor in all of this. I know I couldn't remember somethin' someone had told me in 1983. Remembering the character of a person? Yes. But not a conversation.

It does sound like they are doing a great job.

[Justthefacts]

DOOBER: Former prosecutor James Blackburn also testified today at the hearing and he denied threatening Helena Stoeckley. Blackburn also stated that Jimmy Britt was not in the room when prosecutors questioned Stoeckley prior to her trial testimony. The Government has effectively destroyed the Britt claim, so it's now on to the DNA issue.

http://www.macdonaldcasefacts.com

[doober]

Originally Posted by Justthefacts

DOOBER: Former prosecutor James Blackburn also testified today at the hearing and he denied threatening Helena Stoeckley. Blackburn also stated that Jimmy Britt was not in the room when prosecutors questioned Stoeckley prior to her trial testimony. The Government has effectively destroyed the Britt claim, so it's now on to the DNA issue.

http://www.macdonaldcasefacts.com

What DNA?

LOL.

[Justthefacts]

"What DNA?"

DOOBER: Nice. LOL. The Defense better have a DNA expert testify at this hearing, because in multiple briefs, the Government has demonstrated that none of the three unsourced hairs showed signs of forcible removal. In addition, three hairs that matched inmate's DNA profile are further proof of his guilt.

http://www.macdonaldcasefacts.com

[Justthefacts]

In terms of what has occurred at the hearing since the Government presented witnesses and documented evidence that Britt's affidavit is a complete fabrication...

1) James Blackburn testified that Britt wasn't present when prosecutors (e.g., George Anderson, Brian Murtagh, James Blackburn, Jack Crawley) questioned Stoeckley.

2) Blackburn also stated that Stoeckley stated she had no memory of her whereabouts on 2/17/70 due to excessive drug use.

3) An FBI agent testified that Stoeckley told him that she had no memory of her whereabouts on 2/17/70 due to excessive drug use.

4) Jack Crawley testified that Stoeckley told prosecutors that she had no memory of her whereabouts on 2/17/70 due to excessive drug use.

5) Gorden Widenhouse didn't address Blackburn's testimony, but focused on Blackburn's legal troubles in 1993.

6) Blackburn apparantly held up well during cross and he produced some laughter in the courtroom when recounting his experiences as a waiter in the mid to late 90's.

7) Using crime scene photographs, William Ivory testified to the CID's investigation of this case.

8) Errol Morris continues to stick his face in front of every camera in sight. He told several reporters that the most recent claims of Greg Mitchell confessing to the murders should be introduced at the hearing.

9) Joe McGinniss told several reporters that he is looking forward to testifying tomorrow, that the hearing is MacDonald's "last gasp," and that he will be denied a new trial. McGinniss also stated that Sarah Palin, Errol Morris, and Jeffrey MacDonald deserve one another. LOL.

10) The Defense didn't produce a single witness/expert to testify on the DNA evidence in this case. The Government, however, will produce at least one DNA expert on Monday to dispute the contention that the three unsourced hairs are evidence of intruders.

http://www.macdonaldcasefacts.com

[Justthefacts]

The Government was able to fit in the testimony of former FBI agent Raymond "Butch" Madden at yesterday's hearing. Madden testified to Stoeckley being questioned by Ted Gunderson for 12 hours at a time over the span of several days. Gunderson also promised Stoeckley housing, financial support, and a role in a movie about the case. Madden stated that when he inquired into Stoeckley's involvement in the murders, she told him that she was not involved and that she had no memory of her whereabouts on 2/17/70.

Prior to Madden's testimony, CID Hall of Famer William Ivory testified to Greg Mitchell passing a polygraph in 1971, and that Mitchell told Ivory that Helena Stoeckley couldn't be involved in the murders because she was with friends on the evening of 2/16/70. The Government also had Ivory read an excerpt from Bernie Segal's closing argument which focused on the fact that unsourced wax, fingerprints, fibers, and hairs were found at the crime scene. When asked whether MacDonald was still found guilty despite the presence of unsourced trace evidence, Ivory responded in the affirmative.

http://www.macdonaldcasefacts.com

[Justthefacts]

The following are some of the highlights of Joe McGinniss' testimony at the hearing.

1) McGinniss read aloud several excerpts from his book Fatal Vision.

2) McGinniss called MacDonald a "psychopath."

3) McGinniss stated that Bernie Segal tried for 3 hours to get Stoeckley to admit that she was involved in the murders.

4) McGinniss stated that if he was aware that Segal told Judge Dupree that Stoeckley admitted that she was inside 544 Castle Drive, he would have included it in Fatal Vision.

5) McGinniss added that he was "shocked" to hear that Segal had lied to Judge Dupree about what occurred during that interview. McGinniss stated that he didn't want to "speak ill of the dead," but that Segal's statement to Judge Dupree was a "lie" and "ridiculous."

6) The Defense asked McGinniss if he has profitted the most from this case. McGinniss acknowledged that he has profitted the most, but that nobody worked harder on this case than he did when researching/writing Fatal Vision.

7) McGinniss also admitted that he wrote supportive letters to MacDonald in order to maintain complete access to MacDonald and case materials in MacDonald's possession.

http://www.macdonaldcasefacts.com

[FairM]

Is MacDonald or his wife at this hearing?

[Justthefacts]

"Is MacDonald or his wife at this hearing?"

FAIRM: They sure are. Kathryn has stuck her face in front of every camera she can find outside the courthouse. MacDonald is attending the hearing in ankle shackles and prison garb. Those at the hearing state that he looks like he is 79 years old as opposed to 69 years old.

http://www.macdonaldcasefacts.com

[Justthefacts]

The government's post-hearing response memo is due two weeks from tomorrow. I have no doubt that the government will produce yet another legal masterpiece. Their 1985 memo and 2012 pre-hearing response brief were classics. Brian Murtagh wouldn't have it any other way. Brian has always been diligent and thorough in responding to all of MacDonald's dubious claims.

At the September hearing, the government proved beyond ALL doubt that Jimmy Britt was a serial liar and that the DNA test results are actually further proof of MacDonald's guilt. The reason for a majority of the articles being pro-MacDonald is that a story about a wrongfully convicted man sells whereas the reality that MacDonald is a cold-blooded killer does not. Fatal Vision was a huge success, so the media has no interest in repeating the same story.

http://www.macdonaldcasefacts.com